Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                   )     File Number EB-02-DL-290
                                                            )
B&H Broadcasting Systems, Inc.     )    NAL/Acct. No.200332500001
Owner of  Unregistered Antenna     )
Supporting Structure Located Near  )             FRN 0001-7226-77
Dekalb, Texas                      )
Texarkana, Arkansas

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: October 7, 2002

By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  B&H Broadcasting  Systems,  Inc.  (``B&H''), 
owner of  an unregistered  antenna supporting  structure  located 
near Dekalb, Texas,  apparently liable  for a  forfeiture in  the 
amount  of  three  thousand  dollars  ($3,000)  for  willful  and 
repeated violation of Section  17.4(a) of the Commission's  Rules 
(``Rules'').1  Specifically,  we find  B&H Broadcasting  Systems, 
Inc. apparently  liable  for  failing  to  register  its  antenna 
structure near Dekalb, Texas.

                         II.  BACKGROUND

     2.   On June 10, 2002, the Commission's Dallas Field  Office 
(``Dallas  Office'')   received  a   report  of   an  unlit   and 
unregistered antenna structure near  Dekalb, Texas, belonging  to 
FM  radio  broadcast  station  KZRB.   The  Commission's  Antenna 
Structure Registration  database  showed  no  registered  antenna 
structures within a two mile radius of the licensed  geographical 
coordinates 33 24' 54''N / 094 38'10''W for radio station KZRB, 
nor any structures registered  to B&H Broadcasting Systems,  Inc.  
An  agent  with  the  Dallas  Office  located  Federal   Aviation 
Administration (``FAA'')  study  95-ASW-1807-OE  for  a  499-foot 
tower located at geographical coordinates 33 24' 54.4''N /  094 
38'10.7''W.  The  FAA  study specified  medium  intensity  strobe 
lighting.  The study was conducted for B&H.

     3.   Still on June  10, 2002,  the agent  contacted Mr.  Ray 
Bursey, owner of radio station KZRB.  Mr. Bursey stated that  the 
structure had been registered when they upgraded the station  and 
constructed the tower.  The Commission's database shows that  B&H 
applied for a license  to cover the construction  of KZRB at  its 
present licensed location on December  16, 1996.  Mr. Bursey  was 
not able to document that  an application for tower  registration 
had been submitted.

     4.   On September  12, 2002,  a search  of the  Commission's 
Antenna  Structure   Registration   database  still   showed   no 
registered antenna supporting structure within a two mile  radius 
of the licensed  geographical coordinates  33 24'  54''N /  094 
38'10''W for  radio  station  KZRB, nor  any  antenna  supporting 
structure registered to B&H Broadcasting Systems, Inc.

                        III.  DISCUSSION

     5.   Section 17.4(a) of the Rules  requires the owner of  an 
antenna structure that required notice to the FAA to register the 
antenna structure with the  Commission.  B&H's antenna  structure 
required  FAA  notification  because  it  exceeded  200  feet  in 
height.2  From at least December  16, 1996 through September  12, 
2002, B&H owned an antenna structure that required notice to  the 
FAA, and thus required Commission registration, yet B&H failed to 
register the structure.

     6.   Based on the evidence before us, we find B&H willfully3 
and repeatedly4 violated Section 17.4(a) of the Rules by  failing 
to register its antenna supporting structure.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture  amount  for  failure   to  file  required  forms   or 
information (i.e.  failure to  file  an application  for  antenna 
structure registration)  is $3,000.   In assessing  the  monetary 
forfeiture amount, we must also  take into account the  statutory 
factors set forth in  Section 503(b)(2)(D) of the  Communications 
Act of  1934, as  amended (``Act''),  which include  the  nature, 
circumstances, extent,  and gravity  of the  violation, and  with 
respect to the violator, the  degree of culpability, any  history 
of prior  offenses, ability  to pay,  and other  such matters  as 
justice may require.6  Considering the entire record and applying 
the factors listed above, this case warrants a $3,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 B&H Broadcasting Systems, Inc. is hereby NOTIFIED of this 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  three 
thousand dollars ($3,000) for  willful and repeated violation  of 
Section 17.4(a) of the Rules  by failing to register its  antenna 
supporting structure.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
B&H Broadcasting Systems, Inc. SHALL  PAY the full amount of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     10.  Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.9

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     12.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.  

     13.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent  to the  Technical &  Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     14.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to B&H Broadcasting Systems, Inc., 3720 County Avenue, Texarkana, 
Arkansas 71854.   

                         FEDERAL COMMUNICATIONS COMMISSION



                         James D. Wells
                         Dallas Office, Enforcement Bureau
Attachment
_________________________

1 47 C.F.R.  17.4(a).

2 See 47 C.F.R.  17.7(a).

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that ``[t]he term `willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act . . . .''  See Southern California Broadcasting Co., 6 
FCC Rcd 4387-88 (1991).

4 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.''  47 U.S.C.  
312(f)(2).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.